Father file case on sons self acquired property
Hi,
My father 77 years old, has put a case on me (son) in court claiming 1/3 portion of property between me , my younger brother and my father, he claims it has joint family house.
It is my self acquired property, I have the sales deed, EC, kath etc only in my name.
I had opened loan account and savings account to raise the funds and given GPA for my father to operate my account for the home construction.
I had let my father live in 3 bed house of my self acquired property for 17 years and not taken any money, he was collecting rentals on my behalf through GPA.
My brother was also living in the house for couple of years and I have not taken any money.
The only evidence he has is, I had asked him to make an agreement with seller for 25k while I was abroad to purchase plot which was in his name, but I have returned that money when I was back, I paid the seller the rest of the money for the plot through my bank cheque which also reflects in my sales deed with cheque no as proof.
His claim on the property in court case is based on 25k agreement, he claims he put all the money for construction which is false and my brother is taking care of him while living in the house. He wants the portion of house for his maintenance.
My brother has not put single Paisa for construction for the home construction.
I had asked my father to pay around 20% of my mortgage from rentals of my house, which he claims his money.
Also he has misused all the rental money from 17 years
to buy plots for my brother and in his name,
I recently cancelled the GPA and demanded rental money, for which he has put court case.
Currently 3 hearings have finished and my brother is not appearing or submitting any documents, so the case is postponed as summons.
I have given all evidence and certified copy of sale deed, proof of funds, bank statement, EC which is all in my name to Lawyer.
Now after 3 hearings my lawyer is asking to discuss with my father for settlement through mediation, which I am not interested,
Also my father and brother are not letting me in my house and letting me to take rentals from tenants after cancellation of GPA, I have been given harrasment when I try to go to my house
My question is, will court force me to go through mediation or is it my wish to reject, can I tell my lawyer I am not interested with the mediation, can my father and brother have chances to claim portion of property on my self acquired.
I have invested most of my hard earned money to property and do not want my father and brother to stay in my house after their harassment and cheating me
Also my father has his own self acquired property and ancestral property which is still in his name getting rent from them, he also has some pension, he has his own retirement money which he has not given to anyone.
Currently my lawyer is not willing to send notice to tenants to vacate, he saying we will close the current case first.
Any suggestions much appreciated.
Regards,
Yogesh
Asked 11 months ago in Property Law
Religion: Hindu
Thanks for response, very helpful.
My only worry is, he used to deposit my house rentals in his account and pay into my loan account, though it is only 20% of the mortgage. Rest I have paid through my account.
Can he use this as proof to prove that he has put his funds from his account and claim property share.
As NRI, do I have a channel where I can approach myself to approach the court,
Though I have given POA to my Lawyer, it is difficult to know what is going on with hearings.
My lawyer restrict me coming with him to court, though I was in India during first 2 hearings.
Also, is there any issue if I request for court order for tenants eviction, when the current case against me is in progress.
Tenants have ignored my letters sent through postal, I have sent 3 letters to pay the rent direct to my account.
My lawyer says, when the current case is progressing, we will not make it complicated by sending notices to tenants
Regards,
Yogesh
Asked 10 months ago